151. Knowledge Spectrum – Discipline – CONDUCT OF INQUIRY 67.
197. What are the stages in conduct of inquiry?
Conduct of inquiry comprises the following main stages:
(a) Pre - hearing stage: From the appointment of IO PO till the commencement of hearing. During this stage, the lo and PO examine the documents received by them and ensure their correctness. Besides, the PO prepares for the presentation of the case.
(b) Preliminary Hearing Stage: From the time the parties start appearing before the 10, till the commencement of presentation of evidence. During this stage CO is asked once again as to whether the charges are admitted, inspection of documents take place, CO presents the list of documents and oral witnesses required for the purpose of defence
(c) Regular hearing stage: during this stage, evidence is produced by the parties.
(d) Post hearing stage: during this stage, the PO and the CO submit their written briefs to the 10 and the IO submits his/her report to the Disciplinary
198. Is there any time limit for commencement of hearing?
As per rule 14(7) of the CCA Rules, first hearing of the case must be scheduled within 10 days of the 10 receiving the Charge sheet. As the copy of the Charge Sheet is sent to the 10 together with the appointment order, it is implied that the inquiry is to commence within 10 days of the 10 receiving the appointment order. The above rule also provides the time limit prescribed is extendable by maximum of another 10 days.
199. What happens during the first hearing of the case?
As per Rule 14(9) of the CCA Rules, when the CO appears before the 10, the latter should ask whether the CO admits the charges or has any defence to make. If the CO pleads guilty in respect of any of the charges, the 10 should get it recorded and get it signed by the CO. Rule 14(10) provides that the 10 shall send a finding of guilt to the Disciplinary Authority in respect of the charges in respect of which the CO has pleaded guilty.
In addition to the above, the IO shall fix a schedule for the following:
(a) inspection of the documents listed in Annexure III of the Charge sheet, within five days extendable by a maximum of another five days [Rule 14(11) 0]
(b) Submission of the list of witnesses to be examined on behalf of the CO [Rule 14(11)(ii)]
(C) Submission of the list of additional documents required by the CO. within ten days extendable by a maximum of another ten days. Rule 14(11)(iii)]
200. Is it advisable for the 10 to ask the CO during the first hearing as to whether the CO has faith in the IO?
It is not a bad idea to ask the CO during the first hearing as to whether the CO has faith in the IQ and record the answer to the question. This may be quoted against the CO, in case the CO raises any frivolous complaint of bias later. On the other hand, if the CO expresses lack of faith on the IQ in the first instance, the same may be recorded and the CO may be advised of the option open to him/her for seeking change of IO.
Post a Comment